Safe Speed Forums

I've had a call from one of my clients asking me to look into (he knows I get irate about anti motorist measures) the legality of a clamping he recieved in Kensington & Chelsea.

The story he gave me goes

1. He parked outside a shop in a P&D bay.
2. Didn't have any change, went into shop to change some up
3. Waited in Queue, said this took 5 minutes
4. As he was being handed change someone told him he was getting a ticket
5. Went outside to find not only a ticket but 2 men busy clamping his vehicle. They didn't stop upon him coming out with change for the machine, but proceded to finish clamping, then told him how he could get it removed and that'd cost a whole load of money. Then they fucked off

---

Can the clamp & ticket at the same time?
He was charged £115 simply for them to remove the clamp (they left whilst he rang the office to pay the ticket, so he had to wait another hour for them to even come back and remove it!!) so he could be on his way.
Is this legal? Does it sound like he has grounds for reclaiming the 'removal fee' (given that I personally didn't think they could clamp without issuing a PCN first - and given that he'd been there all of a max of 10 minutes)

---

The thing that gets me most about this is it's just so blatantly not about stopping people parking without paying, it's about money raising. Otherwise on his exit from the shop they would have said go get a ticket or we'll finish this clamping - rather than clamping him and issuing a huge removal fee.

I always thought that a vehicle had to be at least 15 minutes into "penalty time" before a council could clamp it. This page seems to back that up. Your client should appeal (although of course when you're clamped, you have to pay then appeal ).


Absolutely. The whole council parking scam is based around revenue raising, and routine clamping and towing is particularly unjustified and disproportionate.

K&C seem to be particularly eager to clamp. I've seen more clamped cars there (almost always on quiet back roads at quiet times) than in all other jurisdictions combined.

It's things like this which make me wonder what planet the people who claim that there are no anti-motorist measures are on. No, there shouldn't be a parking free-for-all. Yes, enforcement should be reasonable and proportionate. And it seems that for some, no motoring-related punishment can ever be too draconian.

_________________
Paul Smith: a legend.

"The freedom provided by the motor vehicle is not universally applauded, however: there are those who resent the loss of state control over individual choice that the car represents. Such people rarely admit their prejudices openly; instead, they make false or exaggerated claims about the adverse effects of road transport in order to justify calls for higher taxation or restrictions on mobility." (Conservative Way Forward: Stop The War Against Drivers)

Thanking you - will read that now

I've always tried to put myself in the position of the parking wardens. And I can say with absolutely honesty if I got to a street where there was a cafe or a pub at the end of the road, I'd pop in and give those inside a chance to go and get a ticket - afterall, parking wardens are supposed to be there to get people to park legally, not just hand out fines - if people still don't get a parking ticket, fair enough I'd fine them.

I did once come across a parking warden who was like this, as I was getting out my car her and her colleague stopped and said, in very nearly these words "this is actually restricted til 8.30, it's the other roads around here that are til 8 - if the cars here when I come back then I'd have to give you a ticket... so, I'd recommend you move"